VidhiSangh

Supreme Court of India · 04/06/2025

GHANSHYAM SONI versus STATE (GOVT. OF NCT OF DELHI) & ANR.

[2025] 7 S.C.R. 331 · 2025 INSC 803

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Summary

The Supreme Court quashed an FIR and chargesheet under Sections 498A, 406 and 34 IPC lodged by a police-officer wife against her husband and in-laws, holding that the allegations were generic and unsupported by any medical record, witness or evidence of a dowry demand, so that no prima facie case was made out; it nonetheless held that the complaint was within limitation under Section 468 CrPC, since limitation is computed from the date of filing the complaint and not from the date the Magistrate takes cognizance.

Issues

  1. Whether the allegations of cruelty under Section 498A IPC against the husband and his relatives, taken at face value, disclosed a prima facie case warranting trial.
  2. Whether the complaint dated 03.07.2002 concerning incidents of 1999 was barred by limitation under Section 468 CrPC because the Magistrate took cognizance only on 27.07.2004, and whether condonation under Section 473 CrPC was required.
  3. Whether the Sessions Court could discharge the accused on the footing that the complainant, being a police officer, was unlikely to have been a victim of cruelty.

Provisions considered

Held

Result

Both criminal appeals allowed; in exercise of power under Article 142, FIR No. 1098/2002 of PS Malviya Nagar and the chargesheet dated 27.07.2004 quashed and set aside.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 331.